Dabbs v. Shelter Mutual Insurance Company et al

Filing 154

ORDER denying 139 Motion for Reconsideration re 138 Order on Motion for New Trial filed by Vincent Calderon, 133 MOTION for New Trial and Motion to Amend Judgment filed by Vincent Calderon. Signed by Chief Judge Timothy D. DeGiusti on 4/11/2022. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
JOHANNA DABBS,
Plaintiff,
v.

Case No. CIV-15-148-D

SHELTER MUTUAL INSURANCE
COMPANY aka SHELTER MUTUAL
INSURANCE CO.,
Defendants.
ORDER
Before the Court is the Motion for Reconsideration filed by Amicus Curiae Vincent
Calderon [Doc. No. 139]. Mr. Calderon requests that the Court reconsider its order striking
his Motion for New Trial and Motion to Amend Judgment [Doc. No. 133]. The Court
struck that motion because Mr. Calderon, as an amicus curiae, is not authorized to file
motions in this matter. See Order [Doc. No. 138]. Before Mr. Calderon filed his initial
motion for new trial and the instant Motion, Johanna Dabbs filed a Notice of Appeal to the
Tenth Circuit [Doc. No. 132].
“[W]hen a litigant files a notice of appeal, the district court loses jurisdiction over
the case, save for ‘collateral matters not involved in the appeal.’” McKissick v. Yuen, 618
F.3d 1177, 1196 (10th Cir. 2010) (quoting Lancaster v. Indep. Sch. Dist. No. 5, 149 F.3d
1228, 1237 (10th Cir. 1998)); see also Riggs v. Scrivner, Inc., 927 F.2d 1146, 1148
(10th Cir. 1991). By his motion for new trial and his motion to reconsider, Mr. Calderon
seeks relief from the Court’s judgment [Doc. No. 128] in the form of a new trial. Given the

notice of appeal filed by Ms. Dabbs, the Court lacks jurisdiction to grant that relief.
Moreover, Mr. Calderon lacks standing to seek the requested relief. Therefore, Mr.
Calderon’s Motion [Doc. No. 139] must be denied.
IT IS THEREFORE ORDERED that the Motion for Reconsideration filed by
Amicus Curiae Vincent Calderon [Doc. No. 139] is DENIED.
IT IS SO ORDERED this 11th day of April, 2022.

. DeGIUSTI
Chief United States District Judge

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